Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.
Car accident cases can be extremely complicated and is known to cause much contention. If there is a dispute arising out of an accident, such as how the accident happened, liability, or the value of a claim, and that cannot be resolved, then a lawyer on behalf of the injured person would file a complaint. If the complaint is filed in the District of Columbia, it’s filed in Superior Court. Roger Gelb, an experienced car accident attorney, could help with all elements of a car accident claim. He can walk you through the car accident trial process in DC and help you seek compensation for all of your injuries.
When there is a trial, or the case goes to trial, each side is permitted to give an opening statement, although not required to, the plaintiff goes first. And that is because the plaintiff has the burden of proof, then the defendant may provide an opening statement, and then the plaintiff can rebut the opening statement of the defendant.
Like the opening statement, either side can give a closing statement, although it is not required. A closing statement is an argument and not necessarily proof. Both present the closing statement, and because the burden of proof is on the plaintiff, the plaintiff side will present the closing arguments first, then the defense. After there is a short rebuttable by the plaintiff side if they would like.
Multiple defendants are involved in a case for a variety of reasons. There may be more than one person or more than one entity which could be at fault in an accident case. On the other hand, there may be more than one party at fault in an accident case. For example, in a car accident case, a person could be stopped and rear-ended. That vehicle that rear-ended the injured party may be rear-ended and then pushed into the car, causing a second impact. In that case, there are two defendants. Both of them are at fault presumably equally, although depending on the amount of damage and the extensive damage in both collisions. It would be up to a finder of fact, the judge, or a jury to determine if the defendants should split the judgment.
A typical trial on an automobile accident case with soft tissue injuries, meaning no broken bones, no scarring, no surgery, the trial itself is typically two days. The judge would set aside on his or her calendar to allow for the time to try the case. The first day is the process of picking the jury if it is a jury trial. That process is known as voir dire.
The second half of the first day may involve opening statements and some direct examinations. The second day would be the balance of the direct examinations, cross-examinations, and closing arguments, and then time for the jury to deliberate about the case, which could extend into the third day of course, or even longer, but typically it should not last more than that.
The most important factor in any case is liability. The plaintiff and their attorney have the burden to show that somebody else is negligent and thus liable for causing their injuries in an auto accident case. Once they show that there is a liability, then they have to show the damages sustained by the plaintiff. A seasoned attorney at Gelb & Gelb P.C. could help make this process easier. They could handle every legal element of your claim and help you get the compensation you need. Schedule a consultation to learn more about car accident trials in DC.
Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.